RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070016544 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states he was not awarded the Purple Heart for wounds received from a sniper bullet.  He contends that he was shot in the left leg.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 23 May 1969 for a period of three years.  After completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 31J (teletypewriter repairman).  He was assigned to Vietnam on 8 May 1970 with MACV [Military Assistance Command Vietnam] Communications Center.

3.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  

4.  The applicant’s service personnel records contain a Clinical Record Cover Sheet, dated 26 October 1971, which shows he sustained a gunshot wound to his left calf.  The line of duty status was undetermined pending an investigation.  A Corrected Record of the Clinical Record Cover Sheet was prepared on 29 October 1971 which indicates the applicant’s gunshot wound was in the line of duty.  

5.  The applicant departed Vietnam on 30 November 1971.  He received credit for participation in the DA Sanctuary Counteroffensive Campaign, the Vietnam Counteroffensive Phase VII Campaign, and the Consolidation I Campaign.  

6.  The applicant underwent a separation medical physical on 1 December 1971. His Report of Medical Examination shows he had two scars on his left leg.  

7.  The applicant was released from active duty on 1 December 1971.  His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal as authorized awards.

8.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant contends he sustained wounds from a sniper bullet in Vietnam. Although the Clinical Record Cover Sheet shows he sustained a gunshot wound to his left calf, there is no evidence of record which shows he sustained this wound as a result of hostile action in Vietnam.  



3.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by 
military medical personnel, and the treatment record must have been made a matter of official record.  Therefore, he has not met the requirements for award of the Purple Heart.  

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214.

5.  The applicant received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his Vietnam Service Medal.

6.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____ x______x______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned 
to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his already-awarded Vietnam Service Medal.




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          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.